Holley v. Silverado Senior Living Management
The court held that a temporary conservator of an adult's person lacks the authority to bind the conservatee to an arbitration agreement that waives substantial rights absent the conservatee's consent or a prior judicial finding of incapacity, rendering such arbitration clauses unenforceable both against the conservatee and the conservators personally, and affirming the.
Date Filed: August 07, 2020
Case Name: Holley v. Silverado Senior Living Management
Case Number: G058576
Court: California Court of Appeal, Fourth Appellate District, Division Three
(‘The Court holds that a temporary conservator of a person’s person lacks the authority to bind that conservatee to an arbitration agreement that waives substantial rights, absent the conservatee’s consent or a prior court finding of incapacity; consequently, the arbitration clause is unenforceable both as to the conservatee and against the conservators personally. This decision affirms the trial court’s denial of the defendant’s motion to compel arbitration and clarifies that conservators—especially temporary ones—cannot make long‑term, rights‑waiving decisions for a protected adult without explicit judicial authorization, a ruling that limits the reach of arbitration provisions in probate‑related health‑care contracts.’, ‘0768ad7e’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.